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The extraterritoriality of data privacy laws is emerging as a major issue.

Current approaches to delineating the extraterritorial scope of data privacy laws are flawed, and no improvements can be expected as long as we cling on to the binary tests typically used in international law.

The multifaceted nature of data privacy law necessitates a departure from one size fits all style delineations of extraterritoriality in favour of a more nuanced and sophisticated approach, and this article puts forward one such option in the form of a ‘layered approach’.

The extraterritoriality of data privacy laws is emerging as a major issue.

Current approaches to delineating the extraterritorial scope of data privacy laws are flawed, and no improvements can be expected as long as we cling on to the binary tests typically used in international law.

The multifaceted nature of data privacy law necessitates a departure from one size fits all style delineations of extraterritoriality in favour of a more nuanced and sophisticated approach, and this article puts forward one such option in the form of a ‘layered approach’.